Basic procedural fairness, respect for confidentiality and legal privilege, the right of parties to seek advice and the respect for the tribunal are among the fundamental principles of the ICSID arbitral process; the parties have an obligation to arbitrate fairly and in good faith and a tribunal has the inherent jurisdiction to ensure that this obligation is complied with

International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Relationship of IITs to Other Sources of International Law > Relationship of an IIT to General Principles of International Law > Good Faith

ICSID Convention > General Remarks

While a state has a right and duty to investigate crime, this investigative power may not be exercised without regard to the rights and duties in a parallel ICSID arbitration

Basic procedural fairness, respect for confidentiality and legal privilege, the right of parties to seek advice and the respect for the tribunal are among the fundamental principles of the ICSID arbitral process; the parties have an obligation to arbitrate fairly and in good faith and a tribunal has the inherent jurisdiction to ensure that this obligation is complied with

Investment Treaty Arbitration

Correct Claimant

If the claimant's standing depends on the ownership of bearer shares, arrangements for the inspection of these shares by the respondent require greatest care

Costs

Further Problems

Security for costs can only be granted in the most extreme case, i.e. when an essential interest of either party stands in danger of irreparable damage

ICSID Convention

General Remarks

Basic procedural fairness, respect for confidentiality and legal privilege, the right of parties to seek advice and the respect for the tribunal are among the fundamental principles of the ICSID arbitral process; the parties have an obligation to arbitrate fairly and in good faith and a tribunal has the inherent jurisdiction to ensure that this obligation is complied with

While a state has a right and duty to investigate crime, this investigative power may not be exercised without regard to the rights and duties in a parallel ICSID arbitration

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